In January, we filed suit against the FAA under the Freedom of Information Act requesting information on the recipients of authorization to fly drones in the U.S. The FAA responded by releasing a list of approximately 60 entities that have applied for drone certificates, including over 30 local law enforcement agencies. Unfortunately, the FAA refused to release information about the types of drones these agencies were flying and for what purpose.

EFF already received a response from the Miami-Dade police department from a request we previously filed. The result was good news. It was the first unredacted drone Certificate of Authorization made public, and the department laid out restrictions on its use: they could not fly a drone within city limits or over populated areas, and it does not store images. Similarly,we've heard from the Texas Department of Public Safety that it hasn't flown its drones since completing training flights in August 2010.

Now, we want to find out if other agencies are restricted in the same sorts of ways.

Remember, while we currently only know of 60 public agencies with drones, the number of drone authorizations in the US is predicted to explode over the next few years—as many as 30,000 by the end of the decade. Congress passed a law in February mandating the FAA authorize use to public agencies if the applicant prove they can operate them safely, and Homeland Security Department is spending millions of dollars on a program to “facilitate and accelerate” their use by local law enforcement.

As we’ve explained before, the privacy implications are unprecedented. They can operate undetected and use sensors ranging from high-resolution cameras to heat detectors and more, and may not be subject to the same Fourth Amendment restrictions as human investigators. Ryan Calo, a prominent researcher who has written extensively about drones, has argued that drones could provide a necessary "visceral jolt" to our conception of privacy. But in order to shape policy around drones and surveillance, Americans must know the scope of law enforcement intentions.

As with any new technology, drones present both possibilities and potential for abuse by law enforcement. A transparent and public discussion about how law enforcement agents will use them — that starts with real information from the agencies — is the only way to ensure that this new technology doesn't encroach upon our civil liberties.